ePrivacy: is the EU goingto kill digital marketing?WFA webinar 22nd May 2012
Quick introductions
European Action GroupDigital Network                  Digital Governance Exchange
d a     nA ge   1. What’s at stake?   2. WFA survey results   3. EU state of play   4. What it means for marketers    Rob ...
KE?                        T   A                  T   S              ’S A         AT       H1 .W
What’s at stake
What’s at stake      Sony is asking you to place a cookie on your computer. When you visit Sony’s websites we may use     ...
What’s at stake      Sony is asking you to place a cookie on your computer. When you visit Sony’s websites we may use     ...
Leading by example?
E Y           R V        S U      A     F S  W LT2. U R ES
ePrivacy Directive compliance:    a work in progress  In a nutshell, where do you stand today in terms of complying with t...
Developing compliance solutions: a    mixed picture  Have you conducted a “cookie audit?”Source: WFA’s survey on ePrivacy,...
Developing compliance solutions: a    mixed picture                                                             Has your o...
Developing compliance solutions: a    mixed picture                                                             Has your o...
‘Strictly necessary’ cookiesWhich of the following cookies have you classified as ‘strictly necessary’ andtherefore not su...
Uncertainty around consent solutions to adopt across EUWill your organisation adopt a single consent solution across all m...
O F           A TE      ST   EU2. Y          •   LA                  The new ‘EU cookies rule’ P            •             ...
The ‘EU cookies rule’Companies can place cookies if the user…      Old wording                   New wording  … is provide...
What is covered?IN                 OUT
Lost in translationConsent / con·sent (kənˈsent)English            French             German               Spanish        ...
Outlook in Europe                          Negative                         Uncertain                           Positive  ...
And just as the dust settles…  “Citizens do not always feel in full control of their       personal data”                 ...
Draft new EU data protection lawRewriting the rules one more time  • “Directive” becomes “Regulation” – directly applicabl...
The jury is still out
Timeline“Under construction” for a few more years  • June 2012: Start of legal procedures against Member States    which f...
R                              S FO                   N              M  EA        T IT     HA    R  S  W ETE4. RK M A     ...
Cookies: audit your current practices(and your suppliers)
Be completely transparent
Talk to WFA national associations        wfanet.org/en/membership
Consent… room for innovation                     http://www.chevrolet.com/
Getting industry’s house in order
An emerging global standard    US         EU               ICC                          t          al                     ...
Ensuring full transparency…
… and control www.youronlinechoices.eu
Role of marketers•   Programme to be “live”    shortly•   Ensure any OBA suppliers are    compliant: media agencies,    ad...
In a nutshell…   Don’t panic – but don’t put your head in the sand   Designate an internal pan-EU lead   Audit your cur...
Q&A
Next meetingsDigital Network: 7 November   European Action Group: 29 May
Thank you!        Malte Lohan m.lohan@wfanet.org          Emil Valdeline.valdelin@wfanet.org
WFA webinar: is the EU going to kill digital marketing?
WFA webinar: is the EU going to kill digital marketing?
WFA webinar: is the EU going to kill digital marketing?
WFA webinar: is the EU going to kill digital marketing?
WFA webinar: is the EU going to kill digital marketing?
WFA webinar: is the EU going to kill digital marketing?
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WFA webinar: is the EU going to kill digital marketing?

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It’s been one-year since the EU “cookie law” officially came into effect. This webinar reviews the current situation, shares WFA members' perceptions and offers recommendations on how advertisers can respond to this changing landscape.

WFA webinar: is the EU going to kill digital marketing?

  1. 1. ePrivacy: is the EU goingto kill digital marketing?WFA webinar 22nd May 2012
  2. 2. Quick introductions
  3. 3. European Action GroupDigital Network Digital Governance Exchange
  4. 4. d a nA ge 1. What’s at stake? 2. WFA survey results 3. EU state of play 4. What it means for marketers Rob Dreblow Any Ung Rangarajan
  5. 5. KE? T A T S ’S A AT H1 .W
  6. 6. What’s at stake
  7. 7. What’s at stake Sony is asking you to place a cookie on your computer. When you visit Sony’s websites we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services.
  8. 8. What’s at stake Sony is asking you to place a cookie on your computer. When you visit Sony’s websites we may use an Sony is askingtechnology called "cookies" which stores certain you visit Sony’syour computer anduse industry-wide you to place a cookie on your computer. When information on websites we may whichSony allow us to customize your experiencewhich stores certain you visit Sony’syour computer anduse an industry-wide technology called "cookies" tocomputer. When information on websites we may will is asking you to place a cookie on your better match your interests and preferences, or to simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSonyallow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSony allow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signingto placeyour experiencewhich stores certain you visit Sony’syour computer anduse whichSonyallow us to customize a the "cookies" tocomputer. When information on websites we may an industry-wide technology use cookie on your better match your interests and preferences, or to will is asking you in to called services. simply facilitate your signing in to use the experiencewhich stores certain information on your computer and an will allow us technology called services. whichindustry-wide to customize your "cookies" to better match your interests and preferences, or to simply facilitate your signing in to use the experience to better match your interests and preferences, or to which will allow us to customize your services. simply facilitate your signing in to use the services.
  9. 9. Leading by example?
  10. 10. E Y R V S U A F S W LT2. U R ES
  11. 11. ePrivacy Directive compliance: a work in progress In a nutshell, where do you stand today in terms of complying with the ePrivacy Directive? 15% 85% Know what we need to do, In progress but haven’t startedSource: WFA’s survey on ePrivacy, May 2012, 13 respondents
  12. 12. Developing compliance solutions: a mixed picture Have you conducted a “cookie audit?”Source: WFA’s survey on ePrivacy, May 2012, 13 respondents
  13. 13. Developing compliance solutions: a mixed picture Has your organisation changed the Have you conducted a “cookie audit?” way it uses cookies in any way?Source: WFA’s survey on ePrivacy, May 2012, 13 respondents
  14. 14. Developing compliance solutions: a mixed picture Has your organisation changed the Have you conducted a “cookie audit?” way it uses cookies in any way? How are you going to develop the technology behind your consent solutions?Source: WFA’s survey on ePrivacy, May 2012, 13 respondents
  15. 15. ‘Strictly necessary’ cookiesWhich of the following cookies have you classified as ‘strictly necessary’ andtherefore not subject to the consent requirement? Select all that apply. Source: WFA’s survey on ePrivacy, May 2012, 12 respondents
  16. 16. Uncertainty around consent solutions to adopt across EUWill your organisation adopt a single consent solution across all markets?If no, do you know which consent solution you are going to apply in thefollowing 6 EU markets?Source: WFA’s survey on ePrivacy, May 2012, 13 respondents
  17. 17. O F A TE ST EU2. Y • LA The new ‘EU cookies rule’ P • • What does ‘consent’ mean? The new proposed EU data protection regulation
  18. 18. The ‘EU cookies rule’Companies can place cookies if the user… Old wording New wording … is provided with clear and … has given his or her comprehensive information consent, having been and is offered the right to provided with clear and refuse such processing by comprehensive information. the data controller.
  19. 19. What is covered?IN OUT
  20. 20. Lost in translationConsent / con·sent (kənˈsent)English French German Spanish Italian Dutch Portugueseis only allowed nest permis nur gestattet ist, a condición de sia consentito alleen is só sejaon condition quà condition wenn der que dicho unicamente a toegestaan op permitido sethat the que labonné betreffende abonado o condizione che voorwaarde dat este tiver dado osubscriber or ou lutilisateur Teilnehmer oder usuario haya labbonato o de betrokken seuuser concerned ait donné son Nutzer auf der dado su lutente in abonnee of consentimentohas given his or accord, après Grundlage von consentimiento questione gebruiker prévio com baseher consent, avoir reçu, klaren und después de que abbia espresso toestemming em informaçõeshaving been dans le respect umfassenden se le haya preliminarmen heeft verleend, claras eprovided with de la directive Informationen, facilitado te il proprio na te zijn completas,clear and 95/46/CE, une die er gemäß der información consenso, voorzien vancomprehensive information Richtlinie clara y dopo essere duidelijke eninformation, claire et 95/46/EG u. a. completa, stato volledige complète, über die Zwecke informato in informatie der Verarbeitung modo chiaro e erhält, seine completo, Einwilligung gegeben hat.
  21. 21. Outlook in Europe Negative Uncertain Positive Transposed Not transposed•Austria •Belgium•Bulgaria •Cyprus• *Croatia •Greece•Czech Republic •Italy•Denmark •*Norway•Estonia •Poland•Finland •Portugal•France •Romania•Germany •Slovenia•Hungary •*8 EU Member States,•Ireland plus Norway•Netherlands•Latvia•Lithuania•Luxembourg•Malta•Slovakia•Spain•Sweden•UK•*19 EU Member States,plus Croatia
  22. 22. And just as the dust settles… “Citizens do not always feel in full control of their personal data” EU Commission Vice-President Viviane Reding
  23. 23. Draft new EU data protection lawRewriting the rules one more time • “Directive” becomes “Regulation” – directly applicable across EU • Personal data – “any information relating to a data subject”. Potentially including cookies, IP addresses etc irrespective of how they are encrypted or anonymised • Consent – must be “explicit”: a “statement or clear affirmative action”. • Children – “Verifiable” parental consent required when collecting (any!) data from children under 13 • Sanctions – Up to 2% of a company’s annual worldwide turnover • Administrative burden – Data protection officer in companies > 250 employees, mandatory privacy impact assessments, privacy by design… • Uncertainty – key concepts to be defined after adoption by ‘delegated acts’ (right to be forgotten, privacy by design, verifiable parental consent...)
  24. 24. The jury is still out
  25. 25. Timeline“Under construction” for a few more years • June 2012: Start of legal procedures against Member States which failed to implement ePrivacy Directive • Early 2014: 1st reading on Data Protection Review (DPR) • 2014: new EU Commission, European Parliament elections • Around 2015: Final adoption of DPR • Approx. 12 months after DPR adoption: Delegated acts • May 2015: Assessment of ePrivacy Directive
  26. 26. R S FO N M EA T IT HA R S W ETE4. RK M A • • As a company As part of the industry
  27. 27. Cookies: audit your current practices(and your suppliers)
  28. 28. Be completely transparent
  29. 29. Talk to WFA national associations wfanet.org/en/membership
  30. 30. Consent… room for innovation http://www.chevrolet.com/
  31. 31. Getting industry’s house in order
  32. 32. An emerging global standard US EU ICC t al inen Glob ark Live Im m m b ench
  33. 33. Ensuring full transparency…
  34. 34. … and control www.youronlinechoices.eu
  35. 35. Role of marketers• Programme to be “live” shortly• Ensure any OBA suppliers are compliant: media agencies, ad networks, ad servers, DSPs…• Check for EDAA certification seal!
  36. 36. In a nutshell… Don’t panic – but don’t put your head in the sand Designate an internal pan-EU lead Audit your current practices and clean up where needed. Prioritise those practices that might be considered more intrusive Go the extra mile to be transparent about data collection and use Talk to national advertiser associations to understand specific local requirements Ensure your suppliers are in line with any changes to your policy or practices. Once EDAA is live, check that OBA suppliers are certified to comply with the self-regulation programme Keep a record of what you’re doing
  37. 37. Q&A
  38. 38. Next meetingsDigital Network: 7 November European Action Group: 29 May
  39. 39. Thank you! Malte Lohan m.lohan@wfanet.org Emil Valdeline.valdelin@wfanet.org

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